Factories and Industrial Undertakings Ordinance

(1)
A prosecution for an offence under this Ordinance, or an offence of conspiracy
                to commit such an offence,
may—
(a)
be brought by the Commissioner in the Commissioner’s own name;
                    and
(b)
be commenced and conducted by an officer of the Labour Department.
(Replaced
5 of 2023 s. 11
)
(1A)
For the purposes of subsection (1), the offence must be tried before a
                magistrate as an offence that is triable summarily.
(Added
5 of 2023 s. 11
)
(2)
Save as is provided in subsection (1), no prosecution for an offence against
                this Ordinance shall be commenced without the written consent of the Commissioner.
(Amended
39 of 1997 s. 48
)
(3)
Nothing in this section shall be deemed to derogate from the powers of the
                Secretary for Justice in relation to the prosecution of criminal offences.
(Amended
L.N. 362 of
                        1997
)
(4)
A person who has been convicted or acquitted of having committed an offence
                under a provision of the Occupational Safety and Health Ordinance (
Cap. 509
) in relation to an act or omission is not
                liable to be proceeded against for an offence under a corresponding provision of
                this Ordinance relating to the same act or omission.
(Added
39 of 1997 s. 48
)
(5)
(Repealed
5 of 2023 s. 11
)